Staff Misconduct Article

Prison captain accused of inmate rape

The lawsuit alleges excessive force, along with violations of due process and equal protection

ALBUQUERQUE, N.M. — A civil rights lawsuit filed Tuesday makes several explosive allegations, including that a high-ranking guard at the state prison in Los Lunas raped a male inmate several times in 2011 — including while the inmate was handcuffed — and that the prison's warden helped to thwart an undercover FBI investigation into the alleged rapes.

Attorney Matthew Coyte filed the lawsuit in state District Court in Valencia County on behalf of former inmate Kenneth Morgan. It alleges excessive force, along with violations of due process and equal protection, and that Morgan's treatment rose to the level of cruel and unusual punishment. The suit seeks unspecified compensatory and punitive damages and attorneys' fees and costs.

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